General Terms and Conditions of movex Deutschland GmbH
A. Organiser Terms and Conditions
1. Scope
These General Terms and Conditions shall apply to all trips, tours, events, experiences and other services organised directly by movex Deutschland GmbH, Eiselauer Weg 4, 89081 Ulm, Germany, provided that movex expressly acts as the organiser in the respective individual case.
2. Conclusion of Contract
2.1 The presentation of services shall not constitute a legally binding offer.
2.2 By making a booking, the customer submits a binding offer to conclude the contract.
2.3 The contract shall be concluded upon acceptance by movex.
2.4 Acceptance shall generally take place by means of a booking confirmation in text form.
2.5 Deviations in the booking confirmation from the booking shall be deemed a new offer unless expressly stated otherwise.
3. Scope of Services
3.1 The contractually owed scope of services shall be determined exclusively by the service description, the booking confirmation, and any expressly included supplementary agreements.
3.2 Any supplementary agreements shall require confirmation in text form in order to be effective.
3.3 Public statements, advertising claims or other presentations shall not constitute any further agreement on quality or characteristics unless they have expressly become part of the contract.
4. Prices and Payment Terms
4.1 All prices are stated in euros.
4.2 Unless otherwise agreed in the individual case, the full participation price shall be due for payment no later than 30 days prior to the start of the event.
4.3 For bookings made from the 30th day before the start of the event, the participation price shall be due immediately upon conclusion of the contract.
4.4 The timely receipt of payment by movex shall be decisive for compliance with payment deadlines.
4.5 If the customer is in default of payment, movex shall be entitled, after an unsuccessful reminder, to withdraw from the contract and claim the expenses incurred as a result.
5. Withdrawal by the Customer
5.1 The customer may withdraw from the contract at any time prior to the start of the event.
5.2 The withdrawal must be declared in text form; receipt of the withdrawal notice by movex shall be decisive.
5.3 If the customer withdraws, movex may demand reasonable compensation. Unless otherwise provided in paragraph 4, such compensation shall be calculated as follows:
- up to and including the 31st day before the start of the event: 25% of the participation price
- from the 30th up to and including the 15th day before the start of the event: 50% of the participation price
- from the 14th up to and including the 3rd day before the start of the event: 75% of the participation price
- from the 2nd day before the start of the event up to the day of the start of the event, as well as in the event of non-attendance: 100% of the participation price
5.4 By way of deviation from paragraph 3, the following cancellation fees shall apply to the events “Mallorca Drive Tours” and “1000 Miglia Xperience Greece”:
- up to and including the 60th day before the start of the event: 25% of the participation price
- from the 59th up to and including the 30th day before the start of the event: 50% of the participation price
- from the 29th up to and including the 15th day before the start of the event: 75% of the participation price
- from the 14th day before the start of the event up to the day of the start of the event, as well as in the event of non-attendance: 100% of the participation price
5.5. The customer shall be entitled to prove that movex suffered no damage or substantially less damage.
5.6. Receipt of the withdrawal notice by movex shall be decisive for the calculation of deadlines.
6. Withdrawal by movex
6.1 movex may withdraw from the contract if performance becomes significantly more difficult, endangered or impossible due to unavoidable extraordinary circumstances.
6.2 If a minimum number of participants has been agreed for an event, movex may also withdraw if this minimum number is not reached.
6.3 The customer shall be informed of the withdrawal without undue delay.
6.4 Any payments already made shall be refunded without undue delay in such case.
6.5 Any further claims of the customer shall remain unaffected insofar as mandatory law provides otherwise.
7. Customer’s Duties to Cooperate
7.1 The customer shall provide all information required for the performance of the contract completely and truthfully.
7.2 The customer shall inspect the documents provided to them without undue delay for accuracy and completeness.
7.3 The customer shall be solely responsible for obtaining in due time and maintaining throughout the entire service period all documents, permits, visas and other requirements necessary for making use of the services.
8. Liability
8.1 movex shall have unlimited liability for damages resulting from injury to life, body or health insofar as these are based on an intentional or negligent breach of duty by movex, its legal representatives or vicarious agents.
8.2 In all other respects, movex shall only be liable in cases of intent and gross negligence.
8.3 In the event of a slightly negligent breach of essential contractual obligations, liability shall be limited to the foreseeable damage typical for the contract.
8.4 Any further liability shall be excluded to the extent permitted by law.
8.5 movex shall only be liable for services provided by third parties in accordance with statutory provisions and only insofar as movex itself has breached an obligation.
9. Rules of Conduct
9.1 The customer shall comply with the instructions of the event management.
9.2 In the event of significant breaches of safety regulations, endangerment of third parties, or any other serious disruption of the contractual purpose, movex shall be entitled to exclude the customer from further participation.
9.3 In such case, any entitlement to reimbursement shall exist only in accordance with mandatory statutory provisions.
10. Data Protection
10.1 movex shall process personal data exclusively within the framework of the applicable data protection provisions.
10.2 Further details are set out in movex’s privacy policy.
10.3 To the extent necessary for the performance of the contract, movex shall be entitled to transmit personal data to service providers.
11. Consumer Dispute Resolution
movex is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board unless mandatory statutory provisions provide otherwise.
12. Final Provisions
12.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory consumer protection provisions provide otherwise.
12.2 Should individual provisions of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
12.3 The statutory provision shall replace the invalid provision.
13. Additional Clause: Events of Any Kind
13.1 These Terms and Conditions shall additionally apply to the performance, organisation and brokerage of events of any kind, in particular conferences, conventions, incentives, corporate events, product presentations, roadshows, team events, customer events, openings, gala events, private events, and other live, hybrid or online events.
13.2 Insofar as movex organises the event itself or acts as organiser, the provisions of these Terms and Conditions for organiser contracts shall apply accordingly.
13.3 Insofar as movex merely brokers third-party services, only the provisions of the brokerage agreement and the terms and conditions of the respective third-party provider shall apply.
13.4 The specific scope of services shall be derived from the respective offer, order confirmation, event concept, service description, and any separate agreements.
13.5 Changes to the location, schedule, speakers, artists, technology, catering, programme or other event components shall remain reserved insofar as they are required for factual reasons and are reasonable for the customer, taking into account the purpose of the contract.
13.6 The customer shall provide in due time all cooperation required for performance, in particular approvals, participant data, content, branding specifications, technical requirements, permits and access data.
13.7 In the event of force majeure, official requirements, security risks, technical disruptions or other unforeseeable circumstances that significantly impair or render impossible the performance of the event, movex shall be entitled to postpone, adapt, cancel in whole or in part, or relocate the event in a reasonable manner.
13.8 In the event of postponement or modification of the event, expenses already incurred and third-party services commissioned up to that point shall remain reimbursable insofar as this is legally permissible and agreed in the individual case.
13.9 For B2B customers, the following shall apply: the customer shall be obliged to report any recognisable defects, deviations or disruptions without undue delay so that movex may take remedial action.
13.10 For B2C customers, mandatory consumer protection provisions shall take precedence; the following provisions of these Terms and Conditions shall apply only insofar as they do not conflict with mandatory law.
13.11 Insofar as event services concern special categories of personal data, image/audio recordings, or the publication of participant, speaker or event content, this shall take place only in accordance with statutory provisions and any separate consents or notices.
13.12 For events taking place abroad or involving foreign service providers, the public-law requirements, house rules and safety regulations applicable at the respective location may additionally apply.
B. Broker Terms and Conditions
1. Scope
1.1 These General Terms and Conditions shall apply to all bookings in which movex Deutschland GmbH acts exclusively as an intermediary for third-party services.
1.2 In such cases, movex shall not become the customer’s contractual partner with regard to the brokered service.
1.3 The contract regarding the brokered services shall be concluded exclusively between the customer and the respective third-party provider.
2. Conclusion of Contract
2.1 By making a booking, the customer submits a binding offer to conclude the contract with the respective third-party provider.
2.2 Acceptance shall take place exclusively by the third-party provider.
2.3 movex merely transmits the booking data within the scope of its intermediary activity.
3. Scope of Services and Third-Party Provider Terms
3.1 The type, scope, price, availability, execution and other details of the brokered service shall be governed exclusively by the terms and conditions of the third-party provider.
3.2 The customer shall receive, prior to conclusion of the contract, the information required in the respective case regarding the third-party provider and its contractual terms, insofar as required by law.
3.3 The third-party provider shall be solely responsible for service disruptions, changes, rebookings, cancellations and all other matters concerning contract performance, unless movex itself has breached a separate obligation.
4. Payment
4.1 Depending on the booking model, payment shall be made either to movex or directly to the third-party provider.
4.2 Insofar as movex receives payments, this shall take place exclusively within the scope of the agreed brokerage process.
4.3 The applicable payment modalities shall be communicated before completion of the booking.
5. Cancellation, Rebooking and Refunds
5.1 Cancellations, rebookings and refunds shall be governed exclusively by the terms and conditions of the third-party provider.
5.2 movex shall have no obligation to make refunds of its own in this respect unless expressly agreed otherwise.
5.3 Any claims must be asserted directly against the third-party provider, insofar as legally permissible.
6. Liability
6.1 movex shall be liable exclusively for the proper brokerage of the service.
6.2 Any liability for the performance, quality, availability, safety or other characteristics of the brokered service shall be excluded.
6.3 Liability for intent, gross negligence, and for damages resulting from injury to life, body or health shall remain unaffected.
6.4 Mandatory statutory liability provisions shall remain unaffected.
7. Customer’s Duties to Cooperate
7.1 The customer shall carefully review and comply with the third-party provider’s terms and conditions prior to conclusion of the contract.
7.2 The customer shall provide all information completely and truthfully.
7.3 The customer shall be solely responsible for fulfilling all requirements necessary for the performance of the service.
8. Communication and Documents
8.1 movex shall transmit booking and brokerage documents in text form.
8.2 The customer shall inspect these without undue delay for accuracy and completeness.
8.3 Any complaints must be notified without culpable delay.
9. Data Protection
9.1 movex shall process personal data for the purpose of carrying out and handling the brokerage.
9.2 To the extent necessary for the performance of the contract, data shall be transmitted to the respective third-party provider.
9.3 In all other respects, movex’s privacy policy shall apply.
10. Consumer Dispute Resolution
movex is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board unless mandatory statutory provisions provide otherwise.
11. Final Provisions
11.1 German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory consumer protection provisions provide otherwise.
11.2 Should individual provisions of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
11.3 The statutory provision shall replace the invalid provision.
